LOS ANGELES – A Santa Monica company alleges counterfeit versions of its exercise kits are being sold on eBay.
Beachbody LLC filed a complaint on Nov. 28 in the U.S. District Court for the Central District of California, Western Division against Vivante Inc., Vitaliy Potseluev, Nataliya Potselueva and Does 1-10 alleging trademark and copyright infringement.
According to the complaint, the plaintiff alleges that Beachbody LLC suffered damages to its business. The plaintiff holds Vivante Inc., Potseluev, Potselueva and Does 1-10 responsible because the defendants allegedly sells counterfeit copies of plaintiff's exercise kits and DVDs through eBay.
The plaintiff requests a trial by jury and seeks award profits and damages to the plaintiff, actual damages, statutory damages, injunction against the defendant from further infringing plaintiff's products, order the destruction of infringing articles, all legal fees, exemplary or punitive damages and any other relief as the court deems just. It is represented by Christopher D. Johnson, Christopher Q. Pham and Marcus F. Chaney of Johnson & Pham LLP in Woodland Hills.
U.S. District Court for the Central District of California, Western Division Case number 2:16-cv-08799-JAK-GJS